CIRCUIT COURT: Schrauben to get new attorney

Tuesday

Jul 23, 2013 at 5:29 PM

Could be court appointee after O'Hara files motion to withdraw

Karen Botakaren.bota@sentinel-standard.com

Citing a "complete breakdown" in the attorney/client relationship, Marti Schrauben's attorney asked Judge David Hoort of the Ionia County 8th Circuit Court to allow him to withdraw as Schrauben's counsel.

Schrauben is accused of embezzling nearly $500,000 from customers and insurance companies from 2008 through 2010 while he was an employee at Schrauben-Lehman Funeral Home in Ionia.

Under the terms of the plea agreement, Schrauben agreed to pay full restitution of $496,381.70, an amount verified by the complainants and confirmed through an audit by the Michigan Department of Licensing and Regulatory Affairs (LARA).

Attorney Jeffrey O'Hara said he received a letter from Schrauben last week, notifying the attorney that Schrauben was "extremely dissatisfied" with O'Hara's services.

"In 45 years, I don't recall this ever happening," he told the court, adding that with sentencing set for early October, "that gives Mr. Schrauben time to secure new counsel."

Schrauben read a prepared statement, telling Hoort that his dissatisfaction with O'Hara is in how he has handled his criminal case, particularly in what he called his attorney's "lack of time and energy spent on this case." Schrauben said he has tried to address his concerns since March 5, and "there's always an excuse why he can't meet. He's simply too busy."

Schrauben told Hoort he has spent most of his life savings on O'Hara's services, and that he is unsure whether he can afford another attorney.

"He has the opportunity to do the right thing and refund my money, (so as not to) put a burden on the court," Schrauben said, referring to a court-appointed attorney.

Neither the representative from the Michigan attorney-general's office, which is handling the case, nor Hoort objected to the motion by O'Hara to withdraw. Hoort granted it.

"You have the right to an attorney. If you can't afford one, we can retain one for you," Hoort told Schrauben. "If you decide you need a court-appointed attorney, contact our office."

Follow Karen Bota on Twitter @KarenB_ISS.

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